Original Knights Of The Ku Klux — Part 1

184 pages · May 11, 2026 · Document date: Aug 17, 1965 · Broad topic: General · Topic: Original Knights Of The Ku Klux · 184 pages OCR'd

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x ' be protected, the protection may be extended against interference “The poser in either case arises out of therir- cunstance that the function in which the party is engaged or the right which he is about to exer- ae cise is dependent on the laws of the United States. ©: °°} “In both cases it is the duty of that government . to see that he may exercise this right freely and to protect him from violence while so doing or on account of so doing. This duty does not arise solely from the interest of the party concerned, but from the necessity of the government itself, that its service shall be free from the adverse influence or force and fraud practiced on its agents, and that the votes by which its members of Congress and its President are elected shall be the free votes of the electors, and the officers thus chosen the free and uncorrupted choice of those who have the right to take part in that choice, “ . oe : Since it is the purity of the federal political process that must eo _ . with any activity having a ratimalrelationship with the federal Eulitical process. Thus, the "rationale of Yarbrough indicates ‘congressional power over voting, though limited to federal elec- tions, extends to voter registration activities", including registra:ion rallies, voter education classes, and other activities intended to encourage registration. Burroughs is one of a number of cases dealing with corrupt * election practices which go far beyond the act of voting in an trae penta s Dares election. These sews operate on the campaigning atage rather than the voting stage and apply to private persons having no part in the election machinery. In Burroughs the contention was made that ; ‘“ynder Article II, Section 1 the states control the manner of - appointing presidential electors; Congress is limited to prescribing — ’ the time of choosing electors and the day on which they cast their votes. In upholding the validity of the Federal Corrupt Practices Act of 1925, the Court, relying on Yarbrough, said: "While presidential electors are not officers or agents of the federal government. . ., they exerc’se federal functions under, and dissharge

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' be protected, the protection may be extended against interference

“The poser in either case arises out of therir-
cunstance that the function in which the party is
engaged or the right which he is about to exer- ae
cise is dependent on the laws of the United States. ©: °°}

“In both cases it is the duty of that government .
to see that he may exercise this right freely and
to protect him from violence while so doing or

on account of so doing. This duty does not arise
solely from the interest of the party concerned,
but from the necessity of the government itself,
that its service shall be free from the adverse
influence or force and fraud practiced on its
agents, and that the votes by which its members

of Congress and its President are elected shall

be the free votes of the electors, and the officers
thus chosen the free and uncorrupted choice of
those who have the right to take part in that
choice, “ . oe :

Since it is the purity of the federal political process that must

eo
_ .

with any activity having a ratimalrelationship with the federal
Eulitical process. Thus, the "rationale of Yarbrough indicates
‘congressional power over voting, though limited to federal elec-
tions, extends to voter registration activities", including
registra:ion rallies, voter education classes, and other activities
intended to encourage registration.

Burroughs is one of a number of cases dealing with corrupt *
election practices which go far beyond the act of voting in an

trae penta s Dares

election. These sews operate on the campaigning atage rather than

the voting stage and apply to private persons having no part in the

election machinery. In Burroughs the contention was made that ;

‘“ynder Article II, Section 1 the states control the manner of
- appointing presidential electors; Congress is limited to prescribing —

’ the time of choosing electors and the day on which they cast their

votes. In upholding the validity of the Federal Corrupt Practices

Act of 1925, the Court, relying on Yarbrough, said:
"While presidential electors are not officers or

agents of the federal government. . ., they
exerc’se federal functions under, and dissharge